New Delhi, June 20 (UNI) The Supreme Court on Friday stayed the demolition of a temple allegedly built without permission on land designated as Open Space Reservation (OSR) in the Visthara Residency apartment complex in Madurai, Tamil Nadu.
A bench comprising Justice Ujjal Bhuyan and Justice Manmohan passed the interim order while issuing notice on a petition filed by the Visthara Welfare Association. The petition challenged a recent order of the Madras High Court directing the demolition of the temple.
Senior advocate Dama Seshadri Naidu, appearing for the petitioner, contended that the High Court had passed the demolition order without granting an opportunity to the relevant parties to be heard or to file their responses.
"The counsel for the petitioner submits that neither the petitioner nor the respondents in the writ petition were heard. In fact, they were given no opportunity to file pleadings. The High Court has directed the demolition of the temple," the Supreme Court noted in its order.
Taking note of the grievance, the court issued notice and granted eight weeks for response. “In the meanwhile, the demolition of the temple shall remain stayed,” the Bench directed.
The special leave petition contended that the High Court’s ruling was based on the finding that the Apartment Owners’ Association could not produce any valid permission or licence for constructing the temple on OSR land.
Justice SM Subramaniam of the Madras High Court had directed the Madurai Corporation to carry out the demolition within four weeks and ensure the land is preserved in accordance with the Tamil Nadu Town and Country Planning Act, 1971.
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